629 So. 2d 719 - Gates v. State’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The minimal due process requirements for the revocation of parole were set forth in Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972), and were extended to the revocation of probation in Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973). See also Armstrong v. State, 294 Ala. 100 , 312 So.2d 620 (1975). These requirements are as follows: (1) written notice of the violation, (2) disclosure of the evidence against the probationer, (3) the opportunity to be heard and to present witnesses and evidence, (4) the opportunity to confront and to cross-examine adverse witnesses, (5) a hearing before a neutral and detached body, and (6) a written statement by the factfinder as to the evidence relied on and the reasons for revoking probation.””

   2 later decisions quote this exact passage
   e.g. 644 So. 2d 45 - Allen v. State · 686 So. 2d 1262 - Whitaker v. State

2. “"In Ex parte Helton , 578 So.2d 1379 (Ala. 1990), the Alabama Supreme Court, reversing this court's judgment in Helton v. State , 578 So.2d 1377 (Ala.Cr.App. 1989), implicitly held that issues concerning the necessity for due process at probation revocation hearings did not have to be preserved to merit appellate review. This court will therefore review issues concerning the due process requirements for the revocation of probation without requiring that an objection be made in the circuit court. Story v. State , 572 So.2d 510 (Ala.Cr.App. 1990).”

   1 later decision quote this exact passage
   e.g. 652 So. 2d 318 - Chasteen v. State

3. “[t]he appellant admitted at the hearing that he had been arrested in Georgia; however, a 'mere arrest' or the filing of charges is an insufficient basis for revoking probation”

   1 later decision quote this exact passage
   e.g. 644 So. 2d 45 - Allen v. State